Township of Riverside, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Riverside 12-13-1967 as Ord. No. 1967-17 (Section 5:4 of the 1967 Code). Amendments noted where applicable.]
GENERAL REFERENCES

Uniform construction codes — See Ch. 131.

Property maintenance — See Ch. 209.

§ 163-1
Enforcement officers designated. 

§ 163-2
Acceptance of state standards. 

§ 163-3
Inspection of dwellings. 

§ 163-4
Notice of violation; hearing; emergency procedures. 

§ 163-5
Authority to make additional rules and regulations. 

§ 163-6
Conformity required. 

§ 163-7
Violations and penalties. 

§ 163-1 Enforcement officers designated.

The Health Officer and/or Building Inspector of the Township of Riverside be and are hereby designated as the officers to exercise the powers prescribed by this chapter and shall serve in such capacity without any additional salary.

§ 163-2 Acceptance of state standards.

Pursuant to the provisions of Chapter 21, P.L. 1946 (N.J.S.A. 40:49-5.1), the New Jersey State Housing Code, as approved by the Department of Health and Conservation and Economic Development and filed in the Secretary of State's office, is hereby accepted, adopted and established as a standard to be used as a guide in determining whether dwellings in this municipality are safe, sanitary and fit for human habitation and rental. A copy of the New Jersey State Housing Code is annexed to this chapter,

Editor's Note: Said copy is on file in the office of the Township Clerk.
and three copies of the same have been placed on file in the office of the Township Clerk and are available to all persons desiring to use and examine the same.

§ 163-3 Inspection of dwellings.

The Health Officer and/or Building Inspector are hereby authorized and directed to make inspections to determine the condition of dwellings, dwelling units, rooming units and premises located within the Township of Riverside in order that said Health Officer and/or Building Inspector may perform their duties of safeguarding the health and safety of the occupants of dwellings and of the general public. For the purpose of making such inspections the Health Officer and/or Building Inspector are hereby authorized to enter, examine and survey, with the consent of the owner or tenant or with the proper authority issued by any court of competent jurisdiction, at all reasonable times, all dwellings, dwelling units, rooming units and premises. The owner or occupant of every dwelling, dwelling unit and rooming unit or the person in charge thereof shall allow the Health Officer and/or Building Inspector free access to such dwelling, dwelling unit or rooming unit and its premises at all reasonable times for the purpose of such inspection, examination and survey. Every occupant of a dwelling or dwelling unit shall give the owner thereof or his agent or employee access to any part of such dwelling or dwelling unit or its premises at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this chapter or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this chapter.

§ 163-4 Notice of violation; hearing; emergency procedures.

A. 

Whenever the Health Officer and/or Building Inspector determine that there are reasonable grounds to believe that there has been a violation of any provision of this chapter or of any rule or regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person or persons responsible therefor as hereinafter provided. Such notice shall be put in writing; shall include a statement of the reasons why it is being issued; shall allow a reasonable time for the performance of any act it requires; and shall be served upon the owner or his agent or the occupant, as the case may require, provided that such notice shall be deemed to be properly served upon such owner or agent or upon such occupant if a copy thereof is served upon him personally; or if a copy thereof is sent by registered mail to his last known address; or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice; or if he is served with such notice by any other method authorized or required under the laws of this state. Such notice may contain an outline of remedial action which, if taken, will affect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto.

B. 

Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter or of any rule or regulation adopted pursuant thereto may request and shall be granted a hearing on the matter before the Health Officer and/or Building Inspector, provided that such person shall file in the office of the Health Officer and/or Building Inspector a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the day the notice was served. Upon receipt of such petition, the Health Officer and/or Building Inspector shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than 10 days after the day on which the petition was filed, provided that upon application of the petitioner, the Health Officer and/or Building Inspector may postpone the date of the hearing for a reasonable time beyond such ten-day period if, in their judgment, the petitioner has submitted a good and sufficient reason for such postponement. After such hearing, the Health Officer and/or Building Inspector shall sustain, modify or withdraw the notice, depending upon their findings as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with. If the Health Officer and/or Building Inspector sustain or modify such notice, it shall be deemed to be an order. Any notice served pursuant to this chapter shall automatically become an order if a written petition for a hearing is not filed in the office of the Health Officer and/or Building Inspector within 10 days after such notice is served. The proceedings at such hearing, including the findings and decision of the Health Officer and/or Building Inspector, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Health Officer and/or Building Inspector. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decisions of the Health Officer and/or Building Inspector may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the state.

C. 

Whenever the Health Officer and/or Building Inspector find that an emergency exists which requires immediate action to protect the public health or safety, they may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as they deem necessary to meet the emergency. Notwithstanding the other provisions of this chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Health Officer and/or Building Inspector shall be afforded a hearing as soon as possible. After such hearing, depending upon their findings as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with, the Health Officer and/or Building Inspector shall continue such order in effect or modify it or revoke it.

§ 163-5 Authority to make additional rules and regulations.

The Health Officer and/or Building Inspector are hereby authorized and empowered to make and adopt such written rules and regulations necessary for the proper enforcement of the provisions of this chapter; provided, however, that such rules and regulations shall not be in conflict with the provisions of this chapter nor in anywise alter, amend or supersede any of the provisions thereof. The Health Officer and/or Building Inspector shall file a certified copy of all rules and regulations in their office and in the office of the Clerk of the Township of Riverside.

§ 163-6 Conformity required.

No person shall occupy as owner-occupant or rent to another for occupancy any dwelling or dwelling unit for the purpose of living therein which does not conform to the provisions of the New Jersey State Housing Code established hereby as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation.

§ 163-7 Violations and penalties.

Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

Any person, firm or corporation who or which shall violate any of the provisions of this chapter shall, upon conviction, be subject to one or more of the following: a fine not exceeding $1,000; a term of imprisonment not exceeding 90 days; or a period of community service not exceeding 90 days. Each violation of any of the provisions of this chapter and each day the same is violated shall be deemed and taken to be a separate and distinct offense.